1. Policy reasons for limiting liability for a failure to act Stovin v Wise Facts: A county council with statutory power to take steps to make roads safe had decided to cut away a bank from a roadside to improve visibility at a dangerous…
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A.   Introduction Three reasons why their duties are more limited and restricted: A narrower duty of care should be owed because the activity they carry out is for the benefit of the community as a whole it’s not selfish or profit motivated. The source…
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So you’ve been working on this for a while. To add to the cliché you have been putting in the hours, blood, sweat and the occasional 3am breakdown. You’ve had your lucky charms close by, you’ve done your prayers and heck perhaps even opened a…
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Recently the Alexander McQueen exhibition titled Savage Beauty came to a close. Being prepared as always I had left going to it to the last weekend. So when my friend and I eventually turned up in the afternoon on the last Thursday, it wasn’t really…
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A)  Concept of pure economic loss 1)   Pure economic loss versus consequential economic loss Pure economic loss= a loss that is solely and purely economic C’s less well off than they otherwise would’ve been if the D had acted carefully. E.g. bad investment advice…
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Elements of a cause of action in negligence Court is trying to come up with moral formula with legal consequences Development of the general test 1)Â Â Â Donoghue v Stephenson Before Donoghue v Stephenson List of situations where negligence was recognised no general principle. Technique…
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THE CAUSE OF ACTION There must be a defamatory statement Made to the claimant And it must be published to a third person A.   Defamatory meaning A statement that causes or is likely to cause serious harm to a person’s reputation. Ask yourself- did…
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Duty to act solely in accordance with the terms of their authority as defined in the trust deed, including a duty to invest the trust property e. the trustees must do as they are instructed in the trust deed. Can’t give property to someone who…
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A. THE BENEFICIARY PRINCIPLE General rule- a trust generally needs human beneficiaries unless it’s a Charitable Trust or a trust for purposes. Nothing do with certainty of object which is conceptual Companies count as human beneficiaries Someone needs the locus standi to enforce the trust…
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B. THE CONSTITUTION OF TRUSTS I.e. the making of a trust Milroy v Lord Turner LJ, there are three ways you can give property away: Outright gift Transfer property to trust You can make yourself trustee for the benefit of beneficiary Constitution= refers to the…
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A. FORMALITIES General rule- equity looks to intent not form 1. Purposes of Formalities J D Feltham [1987] Conv 246. Four functions of formalities Ritual or cautionary function Because the settlor drops out of the picture once he has transferred, this is a step to…
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